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01/24/1991 CITY COMMISSION MEETING January 24, 1991 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, January 24, 1991 at 6:02 p.m., with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Sue Berfield Commissioner Also present: Ron H. Rabun City Manager M.A. Galbraith, Jr. City Attorney William C. Baker Public Works Director James Polatty, Jr. Planning and Development Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. III - Service Pin Awards - none. IV - Introductions and Awards - none. V - Presentations A. Resolution 91-2 - Showing support of City employees as well as all troops serving as part of Operation Desert Storm in the Middle East. The City Attorney presented Resolution No. 91-2 and read it by title only. Commissioner Nunamaker moved to pass and adopt Resolution No. 91-2. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. This resolution is to be sent to the City employees serving in the war and to their families. VI - Minutes of the Regular Meeting of January 3, 1991. Commissioner Berfield moved to approve the minutes of the regular meeting of January 3, 1991, and the special meeting of January 10, 1991, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. VII - Citizens to be heard re items not on the Agenda. Pete Woodham, Chamber of Commerce, said a resolution supporting the troops in the Middle East had been adopted by their Board this morning. Steve Zimmerman requested the wearing of American flags in support of our troops by City employees be allowed. Direction was given for management to respond. VIII - PUBLIC HEARINGS ITEM #9 - 16th Year Community Development Block Grant (CDBG) program amendment to add renovations to Martin Luther King Center kitchen and delete Norton Park computers (PLD) In May, 1990 the City Commission approved $6,000 for computers at Norton Park Recreation Center as a public facility expenditure under the Community Development Block Grant program. Subsequently it was determined that computers are not classified as a public facility by the Department of Housing and Urban Development, but are rather considered to be a public service. Current regulations limit the City's ability to increase its CDBG public service funding, therefore it is proposed that the $6,000 allocated for computers be transferred to the renovation for the Martin Luther King Center kitchen, which was approved for funding under the City's capital improvement program for 1990-1991. The Parks and Recreation Department has agreed to use the surplus Martin Luther King Center funds to buy the Norton Park computers. Commissioner Regulski moved to amend the 16th Year CDBG program to add the renovation of the Martin Luther King Center kitchen for $6,000 and delete the Norton Park computers ($6,000). The motion was duly seconded and carried unanimously. ITEM #10 - 16th Year Community Development Block Grant (CDBG) program amendment to add $11,800.00 for public facility improvements to Community Pride Child Care Center located at 211 S. Missouri Ave. (PLD) In the 15th Year Community Development Block Grant program, $12,000 was allocated in public facility improvement funds to support the renovation of the former YWCA thrift shop. At that time, Community Pride had proposed to lease the facility. Subsequently, Community Pride purchased the building. Additional improvements have been added to the rehabilitation scope of work based on fire code requirements and the expansion of the building to accommodate Gateway Children's Center. An allocation of $3,000 in the 16th Year CDBG funds was granted for a security system and fencing at this site. Gateway Children's Center will provide day care for children of homeless families and will be funded through grants and contributions from the Junior League. The Center did receive a CDBG grant of $10,000 for 1990-91 for facility improvements. Last year CDBG income exceeded budgeted income by $70,000, therefore, this increase can be supported without reduction in other programs. Martha Skelton, Community Pride, said the project will serve 95 children, including toddlers and infants of homeless families. Commissioner Regulski moved to amend the 16th Year CDBG program to add $11,400 to the $3,000 allocated in the 16th Year Final Statement to fund cost increases in the rehabilitation and adaptive reuse of the building at 211 South Missouri Avenue. The motion was duly seconded and carried unanimously. ITEM #11 - 16th Year Community Development Block Grant (CDBG) program amendment to add $35,000.00 for public facility improvements to Ervin's All American Youth Club located at 1250 Holt Ave. (PLD) In the 15th Year Community Development Block Grant program, $24,000 in public facility funds were allocated to add a shell building addition to increase the floor area of the Ervin's All American Youth Club (EAAYC) by 1000 square feet. Subsequently, the size increase was proposed to be 1500 square feet and the following additional work items were included in the scope of work: (a) completely new air conditioning and electrical system (necessitated by the Energy Office); (b) fire code improvements required by the Fire Marshall; (c) finish of interior of building addition; (d) re-skin and paint old building to match new; and (e) insulate entire building. The EAAYC building is owned by the City. The facility is operated to provide educational and recreational opportunities for low and moderate income children. The structure itself is about 40 years old and many of the added improvements are necessary to modernize and upgrade the building to current codes and are not attributable to the building expansion. One citizen spoke in support of EAAYC. As in the previous item, due to the excess revenue in last year's CDBG program, this can be added without reduction in other programs. Commissioner Fitzgerald moved to amend the 16th Year CDBG program to add $35,000 to the 16th Year Final Statement to permit the full scope of designed improvements to be built as Ervin's All American Youth Club, for a total funding of $59,000. The motion was duly seconded and carried unanimously. ITEM #12 - Declaration of surplus property, 250 acres in Hillsborough County located on the west side of Patterson Rd., 3/4 mile south of Tarpon Springs-Lake Fern Rd. for the purpose of exchanging it for other land, selling it outright for cash or a combination of sale and exchange (CM) Staff has been in negotiations for several months to exchange a parcel of land in Hillsborough County for a parcel of land on Island Estates. Originally the City Commission agreed to swap land with Rex Harper whereby the City would acquire the property at 205 Windward Passage for approximately 57 acres of what is commonly called the City sludge farm in Hillsborough County. Mr. Harper has now expressed an interest in acquiring an additional 193 acres for a total of 250 acres. A condition of the negotiation will be the requirement that the City be allowed to use a portion of the land for a limited time, if necessary, for continued sludge disposal. Concerns were expressed at the work session regarding the City's need to continue to use the land and whether staff was comfortable with removing this 250-acre parcel from the sludge farm. A critical parameter in terms of continued use of the land is the build-up of certain metallic salts which eventually render the land unusable due to toxic concentrations of metals, in this case, copper. The copper problem has been greatly abated by the City's polyphosphate system installed four years ago. If copper were somehow stabilized; we would no longer be facing prohibitive concentrations of other regulated metallic salts, such as magnesium, cadmium, etc., each of which do not accumulate at a rate of pounds per acre which would preclude the use of the land in the foreseeable future. Removing 250 acres from the 915-acre land disposal pool will not be a problem provided: (1) the metals limitation on the site is not exceeded before the upgrade of sludge treatment facilities to eliminate the metals problem is completed, a process expected to take 3 years; and (2) the City can continue to use the property identified as surplus for sludge disposal for the same 3-year period. It was indicated there is one interested buyer for the property. The City's continued use of the premises for the 3-year period is to be a condition of sale. Commissioner Regulski moved to declare surplus that portion of the southeast 1/4 of Section 19-27-17 lying east of Patterson Road in Hillsborough County and less the northerly 150 feet together with the westerly 3/4 of the southwest 1/4 of Section 20-27-17 less the northerly 150 feet and less the following described parcel: begin at the northeast corner of the southwest 1/4 of the northeast 1/4 of the southwest 1/4 of Section 20-27-17; thence run north 89(28'55" west 257.88 feet; then south 0(13'14" east 661.0 feet; thence south 9(36'11" west 1338.66 feet; thence south 89(29'13" east 490.8 feet; thence northerly 1983 feet m.o.l. to point of beginning, containing 250 acres m.o.l. for the purpose of exchanging it for other land, selling it outright for cash or a combination of sale and exchange. The motion was duly seconded and carried unanimously. ITEM #13 - (Cont. from 12/20/90 & 1/3/91) Second Reading Ordinance #5014-90 - Amending comprehensive plan as adopted on 11/16/89, including amendments to future land use, traffic circulation, coastal zone management, conservation, intergovernmental coordination and capital improvements elements (PLD) The City of Clearwater processes amendments to the Comprehensive Plan in June and December. These 21 amendments to the Comprehensive Plan were reviewed and approved by the Commission on first reading on August 16, 1990. The proposed amendments have been processed through the Tampa Bay Regional Planning Council, the Pinellas Planning Council, and the Department of Community Affairs (DCA). Final review comments from DCA have been received, indicating that adjustments in language are necessary for Objective 19.3/Item 11 (to provide for a specific number of parking spaces), Policies 22.2.2/Item 12 and 22.2.8/Item 13 (to ensure that alternatives and water quality and downstream flood potential issues are considered), and Policy 5.5.1 A and B/Item 8 (to better reflect State policy concerning constrained and backlogged roads). The tables used in Policy 5.5.1 A and B are repeated in Policy 28.3.7.1/Item 19; consequently this policy has been similarly revised. All revised language is included in Exhibit A of the ordinance. It should be noted that staff discovered a tallying error in the proposed amendment to the Schedule of Capital Improvements (Item 21); this has been corrected and appropriate review agencies have been notified. No problem is anticipated from this change since it represents a simple mathematical error. The correct figures are included in the item for second reading. Staff received comments from the Pinellas County Planning Department and Southwest Florida Water Management District (SWFWMD) concerning the proposed wording of Policy 22.2.2 (Item 12) with both agencies being concerned that the proposed language would fail to achieve acceptable environmental protection. In a letter to DCA responding to these concerns, staff indicated that the intent behind this amendment was to clarify and eliminate possible conflicts and misconceptions between the literal wording of this policy and the practical effect of several of the City's major stormwater management projects. As a consequence, DCA may suggest that this proposed amendment be revised to more specifically reflect its applicability. In response to questions and concerns raised at the January 22nd Work Session, staff has determined that the DCA will require both a specific number of parking spaces and a date on which such spaces will be available. Staff is recommending the amendment reflect a minimum of 30 parking spaces at the Clearwater Sailing Center site by 1994. A concern was expressed regarding the last sentence of this policy inferring plans for beach renourishment currently exist. It was requested the phrase "concurrent with any beach renourishment plans" rather than "concurrent with the beach renourishment plans" be used. A citizen questioned whether the 30 parking spaces referred to in Objective 19.3 were additional to what was already there and if they were reserved for the Sailing Center. It was indicated some of the spaces already exist and that the policy ties the City into 30 spaces, with a possibility of more. This parking would be available for the public. It has been determined that there is no substantive difference intended between the use of the words natural drainage systems, ways and channels and it has been suggested that the same terminology be used throughout the Comprehensive Plan. Policy 22.2.2/Item 12 has been amended to reflect this. Therefore, Planning & Director James Polatty recommends in Policy 22.2.2/Item 12 substituting the word "channels" for "ways" and "systems" making the terminology consistent throughout the plan. Discussion ensued in regard to the definition of a natural drainage channel and a question was raised regarding whether the provision regarding these channels would have prevented the VOA project. It was indicated it would not. There was also discussion regarding the difference between a flood way and a flood plane and it was indicated one cannot enter into the flood way except for flood control. Commissioner Berfield moved to amend Exhibit A of Ordinance #5014-90 on page 106, Objective 19.3/Item 11, after the words "Sand Key" add the words "at the Clearwater Sailing Center site"; change "1991" to "1994"; and in the last sentence, change the word "the" to "any"; and on page 118, Policy 22.2.2/Item 12, substitute "natural drainage channels" in lieu of references to "natural drainage ways and natural drainage systems". The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5014-90 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5014-90 as amended with revised Exhibit A on second and final reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items #14-#19) - Approved as submitted less Items #17 and #18. Agreements - Approved. ITEM #14 - License Agreement with National Ocean Service to maintain and operate a permanent tide station at the seaward end of Big Pier 60 (MR) Bids & Contracts - Awarded. ITEM #15 - Purchase of claims service and safety consulting services from Gallagher Bassett Services, Inc., for the period 10/1/90-6/30/91, for an estimated cost of $62,572.00 (AS) Citizens & Staff Requests - Approved less items #17 and #18. ITEM #16 - Sale of Police Department 1987 Stamas Patrol Boat and Trailer (PD) ITEM #17 - See pages 7 and 8. ITEM #18 - See page 8. Receipt & Referral - Received and Referred. ITEM #19 - Land Development Code Amendments - Initial Series of Code Amendments in the Second Phase of Proposed Amendments (PLD) Commissioner Berfield moved to approve the Consent Agenda as submitted less Items #17 and #18 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #17 - Final Payment to delaParte and Gilbert for legal services rendered regarding the administrative hearing for Stevenson Creek in the amount of $17,253.56 (CM) On June 21, 1990, the City Commission approved an agreement with the law firm of delaParte and Gilbert to provide legal services in the Chapter 120 hearing called by John Foley and later joined by the League of Women Voters. The legal services agreement provided for expenditures up to $40,000 in addition to a previous agreement for $9,900 executed between the firm and the City Manager's office. Any additional amounts over the $40,000 estimate were to be paid following the approval of the City Commission. All costs associated with the legal services agreement and preparations pertaining to the Chapter 120 hearing are paid for from the existing budgeted item in the Public Works Department for Stevenson's Creek. During the course of preparation for the Chapter 120 administrative hearing, Mr. Mike Foley, on behalf of the League of Women Voters and John Foley, developed a settlement proposal calling for an alternative design for the Stevenson's Creek project. On November 15, 1990, staff advised the Commission of the receipt of the formal settlement proposal and the need to assess the alternative using the City's computer model and conduct expert evaluation by City consultants, since the League had no experts of its own. This additional effort to analyze the data for a potential settlement while simultaneously continuing to prepare for the December 11, 1990, hearing resulted in additional expenses over and above the $40,000 legal estimate under the scope of services and letter of agreement. Following the analysis of the proposed settlement offer and a finding of its insufficiency to provide the needed flood protection within a stable stream channel, preparations continued for the hearing. On December 4, 1990, the League of Women Voters and John Foley jointly announced through their attorney their decision to voluntarily withdraw from the hearing, thus avoiding a full administrative hearing. The final charges for November and December and a request for payment of the outstanding balance of $17,253.56 over the previously authorized amount of $40,000 have been received by the City. Total expenses exclusively charged on the administrative permit hearing have amounted to $67,153.56 for legal fees and $49,732.00 in consultant engineering fees. Concern was expressed regarding expenses to the City resulting from these type issues and it was felt efforts should be made to resolve them before they go this far. Commissioner Regulski moved to approve final payment to delaParte and Gilbert in the amount of $17,253.56 for services rendered and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #18 - Infrastructure Sales Tax (Penny for Pinellas) Revenue Projections (CM) The original "Penny for Pinellas" infrastructure project list approved by the Commission in 1989 was based on estimated sales tax proceeds provided by Pinellas County. These early revenue estimates totalling $76,000,000 over a ten year period were predicated on a 7.5% annual increase in tax revenues. Our current actual experience indicates that a much more conservative increase estimate is more accurate. Reducing the annual increase from 7.5% to 4% produces a funding shortfall of approximately $16,000,000 over the ten year period; using a 2% growth factor results in a funding shortfall of approximately $22,000,000. The project funding detail takes the more conservative approach and deletes $23,110,000 from the recommended high priority project list. Arthur Deegan, Clearwater Beach Task Force Chairman, asked that the beach improvements not be deleted from the project list but rather these funds be held in abeyance until the City Commission considers the Task Force's recommendation. Discussion ensued in regard to staff being conservative in their estimates. It was indicated presently there is $1 million in the contingency fund. If the proposed projects come in under budget, the extra monies would go into this fund. Mr. Wright said the infrastructure projects would come first and that the project list would be reviewed every year. Discussion ensued in regard to not wanting the beach improvements to be defined while incorporating the funds back into the program. Commissioner Berfield moved to amend the revised "Penny for Pinellas" project list by reinstating $250,000 in 1993/94 and $250,000 in 1994/95 for beach improvements and deleting the definition of beach improvements. The motion was duly seconded and carried unanimously. Commission Berfield moved to approve the revised "Penny for Pinellas" project list as amended. The motion was duly seconded and carried unanimously. Public Works Director Bill Baker gave a report on the fishing pier project explaining the short term repair and long term removal and replacement. The Mayor requested that before any of the piers are removed, staff make sure permits are obtained to replace them. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #20 - Receipt and Referral of Citizen Generated Land Development Code Amendments (PLD) Concerns were expressed at the January 22nd work session regarding the way in which the amendments resulting from citizen requests were processed. The City Commission directed the two citizen generated ordinances be separated from those recommended by staff. They are as follows: Permitted and Conditional Uses in OL and OG Districts. This proposed amendment would establish nonprofit social or community services as a conditional use in the Limited Office (OL) and General Office Districts. Conditional use standards would also be established for nonprofit social or community services. Mr. Fred Green has requested that nonprofit social or community services be allowed in the OL Districts as a Conditional Use. Concern was expressed regarding future use of the property as conditional uses are granted on what is presently there. Concern was also expressed that OL (limited office) has been a transitional zoning between the residential and commercial and general commercial and could be degraded by the granting of conditional uses. Mr. Polatty indicated, if used wisely, the conditional use process can be an effective tool in controlling the above concerns. Discussion ensued in regard to the City's enforcement of the conditional use standards. Commissioner Regulski moved to deny receipt and referral of the subject request. The motion was duly seconded and upon the vote being taken, Commissioners Regulski, Fitzgerald, Berfield and Mayor Garvey voted "aye;" Commissioner Nunamaker voted "nay." Motion carried. Residential Uses in CG Districts. This proposed ordinance would establish residential uses as conditional uses in the General Commercial (CG) District. Mr. Tim Johnson has requested that this item be considered as he has a client owning waterfront property in a CG District; the client wishes to develop the property with a residential use. Discussion ensued in regard to a provision in the code allowing for and encouraging mixed uses in appropriate areas, such as the downtown; however, concern was expressed in having mixed uses throughout the City. Commissioner Regulski moved to deny receipt and referral of the subject request. The motion was duly seconded and carried unanimously. ITEM #21 - "Challenge 2000" program for housing rehabilitation and new home construction (PLD) On October 26, 1990 the City Commission provided direction to staff regarding the administrative parameters of the "Challenge 2000" program. Since that date, additional pledges have been received, to bring the total banking support up to $2,450,000, $400,000 of which is pledged for low interest loans to low income families made possible by participation from the Federal Home Loan Bank Board. Several applications under the new construction program have been submitted. Once an applicant is accepted, a lot and a home plan must be selected. Seven builders have submitted plans, specifications and prices to be considered for inclusion in the program. "Challenge 2000" loans for home rehabilitation will have a significant client and builder involvement in creating the scope of services and administering the contract. City administrative support will be needed in processing loans and marketing the program to qualified applicants. These loans will be targeted to families with incomes from 80% to 120% of median. The purpose of these loans will be rehabilitation and upgrading of the existing housing stock. Loans will be made by local banks with a City guarantee. Interest will be charged at a fixed, below-market rate. The "Challenge 2000" program has been recommended for approval by the Neighborhood Advisory Committee. Clearwater Neighborhood Housing Services is committed to providing outreach services in the North Greenwood Community. Counseling and credit management and home maintenance training will be available to all clients through the Community Service Foundation, and will be mandatory for new home buyers. James Polatty reported on the program stating it proposes a new housing rehabilitation funding source and provides for home construction particularly in the N. Greenwood neighborhood. He said the banks have pledged monies for loans, staff has contracted through the CDBG program to provide outreach services, two funding sources have been set up and housing plans are being reviewed to ensure adequacy in housing. Discussion ensued in regard to having at least 50 percent of the monies used for families at the 80 percent median income range. Mr. Polatty said it would take a few months to implement the program and a report would be provided after that time. Concern was expressed regarding past rehabilitation abuse. It was indicated this program is mainly targeting new housing. However, rehabilitation projects will be monitored to assure problems of the past do not reoccur. In response to questions, it was indicated there is a mandatory educational program for applicants and a loan and outreach officer will be available for guidance. Commissioner Fitzgerald moved to approve the "Challenge 2000" program and authorize the City Manager to include the policies for this program in the City Administrative Procedures Manual amending these policies as necessary. The motion was duly seconded and carried unanimously. ITEM #22 - Status of Center Foundation Lease (CM) David Stone, representing the Foundation, has requested this item be continued to give them further time to address the Commission's concerns. Commissioner Berfield moved to continue this item to the regular meeting of February 21, 1991. The motion was duly seconded and carried unanimously. XI - Other Pending Matters - none. CITY ATTORNEY REPORTS XII - Other City Attorney Items - none. XIII - City Manager Verbal Reports - none. XIV - Other Commission Action Sunshine Mall is proposing to move its Pinellas Suncoast Transit Authority (PSTA) bus stop due to alleged smoke damage to the building being caused by the buses. The PSTA has passed a resolution opposing the change. Commission Regulski moved to support the Pinellas Suncoast Transit Authority (PSTA) Resolution regarding not moving the bus stop at Sunshine Mall. The motion was duly seconded and carried unanimously. Commissioner Berfield requested reconsideration of the motion to not advertise for the City Manager position. She expressed concerns regarding the City's commitment to Equal Employment Opportunity and Affirmative Action not being served if the job is not advertised. Discussion ensued regarding whether or not advertising would violate the City's policies in that regard. A concern was also expressed that the City has been criticized in the past for not hiring from within. No one on the prevailing side agreed to reconsider. No action was taken. XV - Adjournment The meeting adjourned at 7:58 p.m.